Summary
Following an undercover police operation, our client was arrested and charged with attempting to engage in sexual communication with a child and attempting to arrange the commission of sexual activity with a child. Our client pleaded guilty to both charges and was very remorseful for his actions. Ahead of his sentencing, our team provided expert legal guidance and support. Thanks to this, our client avoided immediate imprisonment and instead a suspended sentence was imposed.
Details of the Case
An officer serving as an undercover operative had set up an online profile as a thirteen-year-old girl on a dating website. The officer did not initiate any contact with others from this account and instead conversation was initiated by our client.
The officer revealed her age as thirteen early into the conversation, however our client maintained frequent contact. The messages exchanged were both sexual and non-sexual in nature and included our client inciting the sending of images from the profile. Plans were also made for the two to meet on several occasions, however, our client frequently cancelled these plans and no in-person meeting ever went ahead.
Following his arrest, our client stated in Police interview that he accepted that he had been involved in the interactions and that the evidence showed several references to arranging to see the victim. He also accepted that the content of the exchanges contained highly sexualised language. Ultimately, our client pleaded guilty to both charges.
Our Defence
Partner Massimo Trebar represented our client on a privately funded basis, where he prepared thorough mitigation for our client ahead of his sentencing. Since being charged, our client’s mental health had suffered greatly. He deeply regretted his actions and was concerned about the impact his imprisonment would have on his wife and his child.
Although he didn’t excuse his actions, our client maintained that at the time of his offending he had been suffering from depression after separating from his wife. Due to this, he was lonely and in search of someone to talk to.
Due to the circumstances of his offending, our client was at risk of a lengthy prison sentence, starting from eighteen months imprisonment but potentially ranging up to two years. If he were to go to prison, it would directly affect his family’s wellbeing as he was the main household earner.
Court
Our client’s case was heard at St Albans Crown Court where he was represented by Barrister Ignatius Hughes KC of 9BR Chambers. The prepared mitigation, alongside a Pre-Sentence Report was presented to the Judge for sentencing.
After considering our mitigation, the Judge agreed that imposing an immediate custodial sentence was not necessary and instead imposed a two-year sentence suspended for two years. In addition, our client was sentenced to twenty days Rehabilitation Activity Requirements, twenty hours unpaid work and twelve months mental health treatment.
Our client was extremely grateful to Massimo for his support and dedication throughout this difficult time. Considering that our client was at a high risk of long-term imprisonment, this outcome highlights the strength of Massimo’s legal defence and of the mitigation put forwards in court.
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